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Yet mainstream legal academics have often greeted it with ambivalence.They have not predictably viewed it as a resource for addressing questions within their substantive fields; it is often treated as a novel academic pastime rather than an instrument for addressing practical problems.In this essay, I consider the liabilities and potential of techniques that measure human brain activity.I am concerned here only with methods that measure relevant physiologic states of the central nervous system and relate those measures to particular mental states.
Ideally, an inside look at brain function would simultaneously and continuously measure the biochemical state of every cell in the central nervous system.
This article provides an overview of these topics with an emphasis on the current challenges that the neuroscience of TBI faces in the medicolegal arena.
The spread of neuroimaging technologies around the world has led to diverse practices of forensic psychiatry and the emergence of neuroethics and neurolaw.
Notwithstanding the breadth of its epistemological challenges, law and emotions scholarship can contribute to the familiar normative work of the law—revising and strengthening existing doctrine, improving decisionmaking, and informing new legal policies.
Moreover, it can facilitate the less familiar but nevertheless valuable task of using law to improve people’s affective lives.